Affiliate Program Policy

HEADINGS

The headings for each of the Affiliate Program Terms and Conditions are intended solely for reference and convenience. They should not be considered in the interpretation or construction of any of these Rules. 

COMPLETE UNDERSTANDING

These Affiliate Program Terms and Conditions and the Privacy Policy referenced herein constitute the entire understanding between you and Holistic Health International, LLC with respect to the Program. 

By submitting your application and participating in the Program, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions and any subsequent updates to these Terms and Conditions. If you do not agree to all terms, you are not authorized to register or participate in the Program. 

OVERVIEW

This Agreement outlines the full terms and conditions for participating in the www.holisticheal.com Affiliate Program. Its purpose is to enable HTML linking between your website and/or referral link and the www.holisticheal.com website. Throughout this Agreement, "we," "us," and "our" and other like language refer to www.holisticheal.com, and "you," "your," and "yours" and other like language, refer to the Affiliate Program Member. 

NON-EXCLUSIVITY 

This Agreement does not establish an exclusive relationship between you and us. Both parties retain the right to promote similar third-party products and services and to collaborate with others on the design, sale, installation, implementation, and use of such products and services. 

GRANT OF LICENSES 

1. We grant you a non-exclusive, non-transferable, and revocable right to (i) access our site through HTML links, in accordance with this Agreement, and (ii) use our logos, trademarks, trade names, and other identifying materials (collectively, "Licensed Materials") provided or authorized by us strictly for the purposes outlined herein, and only as long as you remain an active member in good standing of the www.holisticheal.com Affiliate Program. You agree that all use of the Licensed Materials will be for the benefit www.holisticheal.com and its goodwill. 
   
   
2. Both parties agree not to use the other's proprietary materials in a way that is disparaging, misleading, obscene, or otherwise harmful to the other party's reputation. Each party retains all rights to its proprietary materials, and no ownership or interest is transferred to the other except for the limited license granted in this Agreement. 

AFFILIATE OBLIGATIONS 

1. To begin enrollment, you must complete and submit the online application. While applications are automatically submitted, we reserve the right to re-evaluate your application at any time and approve or reject it at our sole discretion, with no legal recourse available if your application is rejected. We may cancel your application if we determine that your site is unsuitable for our Program, including but not limited to, if it promotes sexually explicit content, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promotes illegal activities; infringes on intellectual property rights or violates the law; uses "Merchant" or similar terms in its domain name; contains harmful, threatening, defamatory, obscene, or otherwise objectionable content; includes software downloads that could divert commissions from other affiliates; resembles our website in a way that misleads customers into thinking you are www.holisticheal.com or an affiliated business; or is deemed by us to be otherwise unsuitable or incompatible and therefore ineligible for participation in our Program. 
   
   
2. As a member of the www.holisticheal.com Affiliate Program, you will have access to the Affiliate Account Manager, where you can review program details, download HTML code for links to our site, access banner creatives, and obtain tracking codes for our coupons and deals. To ensure accurate tracking of referrals, you must use the provided HTML code for each banner, text link, or affiliate link.
   
   
3. www.holisticheal.com reserves the right to review your link placement at any time and may require changes to ensure compliance with the provided guidelines. Failure to promptly make any requested changes may result in your removal from the Affiliate Program.
   
   
4. You are responsible for maintaining and updating your site. We may monitor it as needed to ensure it remains current with our product information. If you do not implement the necessary changes to your site, we reserve the right to terminate your participation in the www.holisticheal.com Affiliate Program.
   
   
5. You are fully responsible for complying with all intellectual property and applicable laws related to your site. You must obtain explicit permission to use any copyrighted material, including writings, images, or other protected works. We are not liable for any violations of copyright or intellectual property rights, and you will be solely responsible for any legal issues arising from unauthorized use.
   
   
6. Affiliates must clearly disclose any compensation they receive for promoting a product or service. This disclosure should be made by using the terms "collaboration" or "partnership," or by including the hashtag #ad in all marketing materials associated with affiliate campaigns. 

CUSTOMER TRANSACTIONS  

1. Eligibility
   
   To qualify for Commission, the following conditions must be met: (i) the Affiliate Lead must be accepted and valid according to the Acceptance and Validity section; (ii) a valid Customer Transaction must occur; and (iii) the customer must remain active during the locking period specified in the Affiliate Tool (or Program Policies). You are not eligible for Commission if: 
   
   
   1. federal, state, or local laws or regulations disallow compensation;
   2. the customer objects to or excludes such compensation from payments;
   3. the customer has directly paid you such compensation;
   4. the Commission was obtained through fraudulent activity, misuse of Affiliate Links, or violation of Affiliate Program Policies;
   5. the customer is enrolled in other partner programs with commission eligibility. In cases of competing affiliates, we reserve the right to award Commission to the affiliate deemed most eligible at our discretion. Failure to meet eligibility criteria may result in the discontinuation of Commission payments.
      
      
2. Affiliate Program Limits 
   
   Each accepted Affiliate Lead expires based on the information provided in the Affiliate Tool (or Program Policies) from the date the Affiliate Lead clicks on your Affiliate Link. You will earn Commission as outlined in the Affiliate Tool (or Program Policies) for each new customer who completes a valid transaction after clicking your Affiliate Link, provided you remain eligible under the terms of this Agreement. Commissions will be paid for the first purchase or sign-up of the customer and any additional purchases, as specified in the Affiliate Program Policy.
   
   
3. Affiliate Links and Coupons
   
   Affiliate links are automatically generated, but you can also create specific links for products or collections. If a customer clicks on a referral link from another affiliate first, that link will be credited. Affiliates may be assigned coupon codes with specific details for use, which are clarified in the Promotion Materials tab. If both an affiliate link and coupon code are used, commissions will not be doubled. If you are not assigned a branded coupon, you are not authorized to promote it. You may advertise the merchant’s website via online platforms (e.g., Facebook, Instagram) or offline channels (e.g., magazines, classifieds).
   
   
4. Acceptance and Validity
   
   To qualify for Commission, Affiliate Leads must originate from Affiliate Links provided by us. An Affiliate Lead is considered valid if, in our reasonable judgment, it represents a new potential customer and is not a pre-existing customer or involved in an active sales process within the last 60 days. We may choose not to accept an Affiliate Lead at our discretion. Leads that do not result in a purchase within the specified time frame, or after the Agreement has expired or been terminated, will not be eligible for Commission. We may retain non-valid Affiliate Leads in our database and engage with them at our discretion.
   
   
5. Cookies
   
   We use cookies to track users who click on your affiliate link, so they must have cookies enabled for us to track their activity. If a user disables or clears their cookies, we cannot track their actions and, therefore, cannot pay commissions on their activity. The cookie duration is specified in the Affiliate Policy. Tracking begins when a customer clicks on your link or uses your coupon. Within the cookie period, any subsequent purchases by that customer on the merchant's website will automatically earn commissions for the affiliate, without needing another click on the affiliate link.
   
   
6. Commissions and Payment
   
   You will earn a commission based on the order value (excluding taxes, shipping, or extra fees) for each referred customer’s purchase. To receive commissions, you must provide payment details in your settings. Commissions will only be paid for completed transactions. The Affiliate Program is subject to a fair use policy, allowing us to review each referral order. The status of commissions is displayed in the Transaction tab, and paid commissions are listed in the Withdrawals tab. A minimum balance of $10.00 is required for withdrawal requests. Commissions for transactions resulting in chargebacks or refunds will not be paid. We reserve the right to modify Commission amounts as specified in the Affiliate Tool. 

PROMOTION RESTRICTIONS 

1. You are free to promote your own websites, but any promotion mentioning www.holisticheal.com could be seen as a joint effort by the public or press. Certain advertising forms, including "spamming," are prohibited. This includes unsolicited or excessive ads sent disruptively, such as unsolicited emails, text messages, pop-up ads, posts to non-commercial newsgroups, and cross-posting to multiple newsgroups. You may not conceal or misrepresent your identity, domain name, or return email address. You can use mailings to promote www.holisticheal.com only if the recipients are existing customers or subscribers of your services, and they have the option to opt out of future communications. Similarly, you may post to newsgroups if the group welcomes commercial messages. At all times, you must clearly distinguish yourself and your website as independent from www.holisticheal.com. Spamming will result in immediate termination of this Agreement, removal from the Affiliate Program, and any pending payments will be forfeited. 
   
   
2. Affiliates may not bid on Pay-Per-Click keywords like " www.holisticheal.com," "holistic heal," "www.holisticheal," or any misspellings or variations of these, either alone or in combination with other keywords, without directing traffic to their site before redirecting it to ours. Affiliates who violate this trademark policy will be banned from the www.holisticheal.com Affiliate Program, with or without prior notice, at our discretion.
   
   
3. Affiliates must not use "interstitials," "Parasiteware™," "Parasitic Marketing," "Shopping Assistance Applications," "Toolbar Installations/Add-ons," deceptive pop-ups or pop-unders, or any other online marketing tactics we determine to be incompatible with the Affiliate Program. This includes, but is not limited to, any software that overwrites commission tracking cookies, redirects traffic, or sets cookies through hidden links, IFrames, or automatic pop-ups. "Parasiteware™" refers to any application that causes the overwriting of affiliate or non-affiliate tracking cookies, intercepts search results, or replaces Affiliate banners with others, unless those banners are on sites 100% owned by the application owner. 

REPRESENTATIONS AND WARRANTIES 

You represent and warrant that: (i) this Agreement is legally executed and binding, enforceable against you in accordance with its terms; (ii) you have full authority to enter into this Agreement and fulfill your obligations without needing approval from any third party; and (iii) you possess sufficient rights, title, and interest in the rights granted to us under this Agreement. 

PAYMENT 

www.holisticheal.com uses PayPal, a third-party provider, to process payments. Please review PayPal's payment terms and conditions. To receive payment under this Agreement, you must: (i) agree to the terms of this Agreement (completed via the Affiliate Tool); (ii) complete all necessary steps to create your account in the Affiliate Tool; (iii) have an active and valid payment method linked to your account in the Affiliate Tool; and (iv) submit any required tax documentation for payment processing. 

RIGHTS AND TERMINATION 

www.holisticheal.com reserves the right to terminate this Agreement and your participation in the Affiliate Program immediately and without notice if we detect fraud or abuse in your use of the program. In such cases, we will not be liable for any commissions related to fraudulent sales. Additionally, either party may terminate this Agreement at any time, with or without cause, by providing written notice via mail, email, or fax. This Agreement will also terminate immediately if you breach any of its terms. 

MODIFICATION 

We may modify the terms of this Agreement at our discretion and will notify you by email of any changes. Modifications may include, but are not limited to, adjustments to payment procedures or Affiliate Program rules. Continued participation in the Affiliate Program after the change notice or updated Agreement is posted will indicate your acceptance of the modifications. 

INDEMNIFICATION 

You agree to indemnify and hold harmless www.holisticheal.com, its subsidiaries, associates, directors, officers, employees, agents, shareholders, partners, and other owners from any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) ("Losses") arising from your participation in the Affiliate Program, including but not limited to: (i) any claim that our use of the affiliate trademarks infringes on any third-party intellectual property rights, (ii) any misrepresentation or breach of your representations, warranties, or agreements under this Agreement, or (iii) any claims related to your site, including content not attributable to us. 

CONFIDENTIALITY 

All confidential information, including but not limited to business, technical, financial, and customer information marked "Confidential" and disclosed by one party to the other during negotiations or the term of this Agreement, will remain the exclusive property of the disclosing party. Each party agrees to maintain the confidentiality of such information and not to use or disclose it without the express written consent of the disclosing party. 

PRIVACY 

By joining the Affiliate Program, you agree to the terms outlined in Holistic Health International, LLC’s Privacy Policy and other applicable terms and conditions. If you do not accept the Privacy Policy, you must refrain from using the affiliate marketing system. We may update the Privacy Policy periodically to reflect changes in our practices or for operational, legal, or regulatory reasons. Continued participation in the Affiliate Program after such updates signifies your acceptance of the revised policy. 

DISCLAIMERS AND LIMITATIONS OF LIABILITY  

We will not be liable to you for any indirect, incidental, consequential, special, or exemplary damages (including, without limitation, loss of revenue, goodwill, or anticipated profits), even if we have been advised of the possibility of such damages. In no event shall our total liability under this Agreement exceed the total commission fees paid to you. 

Disclaimers and Limitations of Liability 

1. Disclaimer of Warranties: We make no representations or warranties regarding the suitability, reliability, availability, or accuracy of the Affiliate Program, the Affiliate Tool, or any associated products or services. The Affiliate Tool is provided "as is," and we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that our site will operate without interruptions or errors and will not be liable for any consequences resulting from such interruptions or errors.
   
   
2. No Indirect Damages: To the extent permitted by law, neither party will be liable for indirect, punitive, or consequential damages, including lost profits or business opportunities.
   
   
3. Limitation of Liability: If we are found liable, our aggregate liability will be limited to the total commission fees earned by you for the related customer transactions in the 12-month period prior to the event causing the claim.
   
   
4. Affiliate Tool: We disclaim all liability related to the Affiliate Tool and are not obligated to provide or maintain it. We may discontinue access to the tool at our discretion.
   
   
5. Cookie Duration: If a potential customer clears their cookies during the tracking period, we will not be liable for any lost commissions. 

MISCELLANEOUS 

1. You agree you are an independent contractor, and this Agreement does not create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and www.holisticheal.com. You have no authority to make offers or representations on our behalf and will not make any statements that contradict this.
   
   
2. Neither party may assign its rights or obligations under this Agreement.
   
   
3. This Agreement will be governed by the laws of the State of Maine, without regard to its conflict of laws principles.
   
   
4. Any amendments or waivers to this Agreement must be in writing and signed by both parties.
   
   
5. This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements or communications, whether oral or written.
   
   
6. If any provision of this Agreement is found to be invalid or unenforceable, it will be modified or eliminated to the minimum extent necessary, and the remainder of the Agreement will remain in full effect.